Conner v. Autrey
Texas Supreme Court
Error from Colorado. Tried below before the Hon. Nelson H. Hunger. Suit b,y Daniel A. Conner, plaintiff in error, against R. Autrey and the executor of W. H. Secrist, defendants in error, on a note for §1000. The petition called the instrument sued on a promissory note, but alleged that it was signed “ R. Autrey, (seal) W. H. Secrist, (seal.)” The defendants pleaded, not under oath, that the note was given for money won at cards at a public place.
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Error from Colorado. Tried below before the Hon. Nelson H. Hunger. Suit b,y Daniel A. Conner, plaintiff in error, against R. Autrey and the executor of W. H. Secrist, defendants in error, on a note for §1000. The petition called the instrument sued on a promissory note, but alleged that it was signed “ R. Autrey, (seal) W. H. Secrist, (seal.)” The defendants pleaded, not under oath, that the note was given for money won at cards at a public place. To this plea the plaintiff excepted specially, on the ground that the instrument sued on was a note in writing under the seals of the parties…
1Opinion of the CourtWheeler, J.
That the note sued on was a “ note in writing, under the seal of the party charged therewith ;” and that the plea impeaching the consideration must have been supported by affidavit, is not an open question.” (Hart. Dig. Art. 710; Clopton v. Pridgen, 8 Tex. R. 308; English v. Helms, 4 Id. 228.)
*430But it is insisted for the appellees, that the note was not declared on, or described in the petition, as a sealed note, and that, for that reason, the Court did not err in overruling the exceptions to the plea. The Statute declares that, in any suit founded on any instrument or note in writing, under…
2Cited by2 opinions
- Levy v. W. H. Lee & Co.Court of Appeals of Texas · 1896
- Estate of Chagra v. CommissionerUnited States Tax Court · 1990